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BUCHANAN v. STATE

No. 3-675A104.

348 N.E.2d 70 (1976)

Clare Elwood BUCHANAN, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied July 7, 1976.

Attorney(s) appearing for the Case

A. Martin Katz, Katz & Brenman, Merrillville, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

HOFFMAN, Judge.

On July 10, 1971, defendant-appellant Clare Elwood Buchanan was charged by affidavit with the offense of rape as defined in IC 1971, 35-13-4-3, Ind. Ann. Stat. § 10-4201 (Burns 1956), which reads, in part, as follows:

"Whoever has carnal knowledge of a woman forcibly against her will, or of a female child under the age of sixteen [16] years; or whoever being over eighteen [18] years of age,...

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